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The Supreme court last week opined that mere apprehension of threat of life is not a sufficient ground to transfer a case, without lodging a complaint or substantiating the said ground.

A bench of Justice JK Maheshwari made this observation while hearing a petition seeking transfer of  a complaint filed under Sections 420 and 506 of the Indian Penal Code pending in the Court of Chief Judicial Magistrate, Jammu to Tis Hazari Courts, Delhi.

It was noted that Ground ‘D’ of the Transfer Petition, mentioned an apprehension of threat of life merely on receiving notice on the above-mentioned complaint.

"No complaint has been lodged by the petitioner to the authorities concerned or before any Court", said the Court.

The petitioner had further prayed for exemption from personal appearance by relying on a judgment titled “Puneet Dalmia vs. Central Bureau of Investigation, Hyderabad”.

To this, Justice Maheshwari said that the order passed in Puneet Dalmia did not apply in the instant transfer petition merely on the basis of apprehension.

Accordingly, the transfer plea was dismissed.

Cause Title: Dinesh Mahajan v Vishal Mahajan